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THE CONDUCT 



GENERAL WASHINGTON, 



RESPECTING 



THE CONFINEMENT OF CAPT. ASGILL, 



I3XT ITS TI4XJE IPOIUNTT OIF LIGHT, 



DAVID HUMPHREY: 



31 {Preface anb 3lppcnVu. 




Ncu) fiork 



PRINTED FOR THE HOLLAND CLUB. 
MDCCCLfX 



Extract from a letter of General Washington, to Col. 
Humphreys, dated Mount Vernon, 26 December, 1786. 

" For your publication respecting the treatment of Capt. Asgill, I am 
exceedingly obliged to you. The manner of making it is the best that 
could be devised, while the matter will prove the illiberality as well as 
fallacy of the reports which have been circulated on that occasion, and 
which are ascribed to that officer as the author." 



PREFACE. 



N the month of March, 1782, one Philip White, an 
f' T |f infamous tory, was taken prisoner, by a party of 

& American light-horse ; after laying down his arms 
in token of surrender, he took up his musket and killed one 
of his captors. He was, however, secured, and while being 
taken to Freehold, New Jersey, was put to death, as some 
accounts say, in an effort to escape. 

About the same time, Capt. Joshua Huddy, a gallant and 
honorable officer of the American army, while in command 
of a block house, at Tom's river, New Jersey, was attacked 
by a party of refugees, and after a gallant resistance, was 
taken prisoner and conveyed to New York. Shortly after- 
wards, he, with two others, was sent by the Board of Loyalists 
to Sandy Hook, to be exchanged, under the care of Capt. 
Lippencut, who, on his return, reported that "he had ex- 
changed the two as directed, and that Huddy had been ex- 
changed for Philip White." He had, in fact, hung him on 
a tree, on the Jersey shore. 



PREFACE. 



Gen. Washington on hearing of this fact, demanded of 
Sir Henry Clinton, the delivery of Lippencut, the murderer 
of Huddy, but though Lippencut was tried by a court-mar- 
tial for the offence, the Loyalists interposed for his protec- 
tion. On the failure of compliance with his demand, Gen. 
Washington determined, with advice of his officers, on re- 
taliation, and accordingly Capt. Charles Asgill, who had 
been taken prisoner at the capitulation of Yorktown, was 
selected, by lot, to atone the death of Huddy. 

In the meanwhile, Sir Guy Carleton, who was known for 
his humanity, superseded Clinton, as commander of the 
British army, and broke up the Board of Associated Loy- 
alists, thereby preventing a repetition of similar excesses. 
The war also drawing to a close, the motives for retaliation, 
in a great measure, ceased. 

-Mrs. Asgill on hearing of the perilous situation of her son, 
wrote to M. Vergennes, the French minister, a touching 
letter, describing her distress and that of her family, and 
begging his interference, in consequence of which, Vergen- 
nes interposed with Washington in Asgill's behalf. Copies 
of these letters were forwarded to Congress, and in the 
month of November following, they resolved that the Com- 
mander-in-Chief be directed to set Capt. Asgill at liberty. 
Asgill, who had received every indulgence, and who had 



preface. x [[ 

been treated with all possible politeness, was accordingly 
released, and permitted to rejoin his friends at New York. 
He returned to England, and afterwards became General 
Sir Charles Asgill, and died in 1823, at the age of 70 years. 
The following collection, made by Col. Humphreys, was 
originally published in the "New Haven Gazette:' It is 
now reprinted in pamphlet form, in order to give it the pre- 
servation it deserves. 



INTRODUCTION. 



MESSES. MEIGS & DANA: 

When I was in England, last winter, I heard suggestions 
that the treatment Capt. Asgill experienced during his con- 
finement, was unnecessarily rigorous, and as such, reflected 
discredit on the Americans. Having myself belonged to the 
family of the Commander-in-Chief, at that period, and having 
been acquainted with the minutest circumstance relative to 
that unpleasant affair, I had no hesitation in utterly denying 
that there was a particle of veracity in those illiberal sug- 
gestions. On my return to Mount Vernon, this Summer, I 
mentioned the subject to Gen Washington. He showed me 
a communication from London, addressed to Col. Tilghman, 
which, arriving just after the death of that most amiable 
character, had been forwarded by his father to the General; 
by the latter, I was also indulged with a sight of his answer. 
I desired to be permitted to take copies of these papers, 
together with transcripts from all the original letters and 
orders respecting Capt. Asgill. Of these I am now pos- 
sessed. 

Anxious that the circulation of truth should be co-exten- 
sive with the falsehoods, which have been assiduously propa- 



x INTRODUCTION. 

gated, and desirous that the facts may be placed in a true 
point of view, before the eyes of the present age, and even 
of posterity, I have determined, without consulting any one, 
to charge myself with their publication. It is for this pur- 
pose, I request you to insert in your judiciously conducted 
paper, the enclosed documents, for the authenticity of which 
I hold myself responsible to the public. 
I am, Gentlemen, 

Your Most Obedient, and 

Most Humble Servant, 

D. HUMPHREYS. 
New Haven, Nov. 6, 1786. 



LETTERS, &G. 



No. I. 

POSTSCRIPT TO A LETTER FROM JAMES TILGHMAN, ESQ., TO 
HIS EXCELLENCY, GENERAL WASHINGTON, DATED BAL- 
TIMORE. MAY 26, 1786. 

"P. S. A letter is just come to hand from r.n American, 
in London, who was the friend of my son, in which your 
name is mentioned, and I take the liberty of enclosing to 
you a copy of the paragraph. If you think it worth your 
while to say anything upon the subject, I will transmit it to 
the gentleman, who writes the letter, with some degree of 
anxiety. I know what pleasure my poor son would have 
taken in setting the matter in its proper light." 

"JAMES TILGHMAN."* 

No. II. 

COPY OP THE PARAGRAPH. 
"I have had it in contemplation to write to you for some time 
past, on a subject in which I find myself more and more in- 

*Col. Tench Tilghman, had been an aid to Gen. Washington, during a 
great part of the war, and had acquired in an unusual degree, his confi- 
dence and esteem. He died, after a short illness, at Baltimore, April 18, 
1786, in the 43d year of his age. 



1 2 LETTERS, &C. 

terested. I have endeavoured to shake it off from my mind, 
because I am persuaded that General Washington is too 
great in himself to be concerned at any calumny, and his 
character too fair and pure to need any defence of mine. I 
have the honour to be introduced to a party of sages, who 
meet regularly at a coffee-house, where they discuss politics, 
or subjects to communicate useful knowledge. This set of 
men often mention our great and good General, and com- 
monly in a proper manner ; but some give credit to a charge 
exhibited against him, by young Asgill, of illiberal treat- 
ment, and cruelty towards himself. He alleges that a gib- 
bet was erected before his prison window, and often pointed 
to in an insulting manner, as good and proper for him to 
atone for Huddy's death ; and many other insults, all of 
which he believes were countenanced by General Washing- 
ton, who was well inclined to execute the sentence on him, 
but was restrained by the French General, Rochambeau. 
I have contended that it was entirely owing to the humane 
procrastination of our General, that Captain Asgill did not 
suffer the fata allotted him, and that it was most happy to 
General Washington's good disposition that the French 
Court interposed, so as to enable him to save Asgill, and at 
the same time keep an army in temper. This affair is stated 
by young Asgill, and canvassed at the British Court, as be- 
fore related. Now sir, not for General Washington's sake, 
who, as I observed before, is above it, but for mine, who 
take pride in him. as I believe every honest American must, 
I request the favour, that you would inform me fully on the 
subject, that I may be enabled to parry the only bad thrust 
made at our hero, in my presence." 



LETTERS, &C. 13 

No. Ill 

EXTRACT FROM A LETTER FROM HIS EXCELLENCY, GENERAL 
WASHINGTON, TO JAMES TILGHMAN, ESQ, IN ANSWER TO 
THE FOREGOING, DATED MOUNT VERNON, JUNE 5th, 1786. 

"As your son's correspondence with the committee of 
New York is not connected with any transactions of mine, 
so, consequently, it is not necessary that the papers to 
which you allude, should compose part of my public docu- 
ments ; but if they stand single, as they exhibit a trait of 
his public character, and like all the rest of his transactions 
will, I am persuaded, do honor to his understanding and 
probity, it may be desirable, in this point of view, to keep 
them alive by mixing them with mine, which undoubtedly 
will claim the attention of the historian ; who, if I am not 
mistaken, will upon an inspection of them, discover the illib- 
eral ground on which the charge mentioned, in the extract 
of the letter you did me the honor to inclose me, is founded. 
That a calumny of this kind had been reported, I knew. I 
had laid my account for the calumnies of anonymous scrib- 
blers, but 1 never had conceived before that such a one as is 
related, could have originated with, or met the countenance 
of Captain Asgill, whose situation often filled me with the 
keenest anguish. I felt for him on many accounts, and not 
the least, when viewing him as a man of honor and senti- 
ment. I considered how unfortunate it was for him, that a 
wretch who possessed neither, should be the means of caus- 
ing in him a single pang or disagreeable sensation. My 
favourable opinion of him, however, is forfeited, if being ac- 
quainted with these reports, he did not immediately contra- 



11 



LETTERS, &C. 



diet them. That I could not have given countenance to the 
insults, which he says were offered to his person, especially 
the groveling one of erecting a gibbet before his prison win- 
dow, will, I expect, readily be believed, when I explicitly 
declare that I never heard of a single attempt to offer an in- 
sult, and that I had every reason to be convinced that he 
was treated by the officers around him with all the tender- 
aess, and every civility in their power. I would fain ask 
Captain Asgill, how he could reconcile such a beb'ef (if his 
mind had been seriously impressed with it,) to the continu- 
al indulgences and procrastinations he experienced ? He 
will not, I presume, deny, that he was admitted to his parole 
within ten or twelve miles of the British lines; if not to a 
formal parole, to a confidence yet more unlimited, by being 
permitted, for the benefit of his health and the recreation 
of his mind, to ride, not only about the cantonment, but into 
the surrounding country for several miles, with his friend 
and companion, Major Gordon, constantly attending him. 
Would not these indulgences have pointed a military char- 
acter to the fountain from which they flowed? Did he con- 
ceive that discipline was so lax in the American Army, as 
that any officer in it would have granted those liberties to a 
person confined by the express order of the Commander-in- 
Chief, unless authorized to do so by the same authority, and 
to ascribe them to the interference of Count Eochambeau is 
as void of foundation, as his other conjectures, for I do not 
recoiled that a sentence ever passed between that General 
and myself, directly or indirectly, upon the subject. 

I was not without suspicions, after the final liberation and 
return of Capt. Asgill to New York, that his mind had been 



LETTERS, AC. 15 

improperly impressed, or that he was deficient in polite- 
ness. The treatment he had met with, in my conception, 
merited an acknowledgment. None, however, was offered, 
and I never sought the cause. 

This concise account of the treatment of Capt. Asgill, is 
given from a hasty recollection of the circumstances. If I 
had time, and it was essential, by unpacking my papers and 
recurring to authentic files, I might have been more pointed 
and full. It is in my power, at any time, to convince the un- 
biased mind, that my conduct, through the whole of this 
transaction, was neither influenced by passion, guided by 
inhumanity, or under the control of any interference what- 
ever. I essayed everything to save the innocent, bring the 
guilty to punishment, and stop the further perpetration of 
similar crimes ; with what success, the impartial world must 
and certainly will decide. 

With very great esteem and regard, 

I have the honor to be, Dear Sir, 

Your most obedient servant, 

GEO. WASHINGTON. 

No. IV. 

COPIES OF ORIGINAL LETTERS AND ORDERS, TO AMERICAN 
OFFICERS AND OTHERS, RESPECTING CAPT. ASGILL:— 
EXTRACTED FROM GENERAL WASHINGTON'S PAPERS, 
AFTER THE PRECEEDING LETTERS WERE WRITTEN. 

To Brigadier-Gen. Hozev, Lancaster; 

Headquarters, 3d May, 1782. 
Sir: 

The enemy, persisting in that barbarous line of conduct 



16 



LETTERS, &C. 



they have pursued during the course of this war, have 
Lately most inhumanely executed Capt. Joshua Huddy, of the 
Jersey Suite troops, taken prisoner by them at a post on 
Tom's River; and in consequence, I have written to the 
British Commander-in-Chief,* that unless the perpetrators 
of that h.urid deed were delivered up, I should be under 
the disagreeable necessity of retaliating, as the only means 
left to i at a stop to such inhuman proceedings. 

Vmi will, therefore, immediately on the receipt of this, 
designate by lot, for the above purpose, a British Captain, 
who is an unconditional prisoner, if such an one is in your 
in, if nor, a Lieutenant under the same circumstan- 
ces, from among the prisoners at any of the posts, either in 
Pennsylvania or Maryland. So soon as you have fixed 
on the person, you will send him, under a safe guard, to 
Philadelphia, where the minister of war will order a pro] er 
guard to receive and conduct him to the place of his desti- 
nation. 

For your information respecting the officers who are pris- 
oners in our possession. I have ordered the Commissary of 
Prisoners to furnish you with a list of them. It will be for- 
warded with this. I need not mention to you, that every 
p issilile tenderness, that is consistent with the security of 
him. should he shown to the person whose unfortunate lot it 
may hi' to Buffer. 

I am, &c., 

GEO. WASHINGTON. 



* Sir Henry Clinton. 



LETTERS, &C. 17 

To Col. fflias Dayton, 2d. New Jersey, Chatham: 

Headquarters, 4th June, 1782. 
Sir: 

I am informed by the Secretary of War, that Capt. Asgill, 
of the British Guards, an unfortunate officer, who is destined 
to be the unhappy victim to atone for the death of Capt. 
Huddy, had arrived in Philadelphia, and would set off very 
soon for the Jersey line, the place assigned for his execution. 
He will probably arrive as soon as this will reach you, and 
will be attended by Captain Ludlow, his friend, whom he 
wishes to be permitted to go to New York, with an address 
to Sir Guy Carleton, in his behalf 

You will, therefore, give permission to Captain Ludlow to 
go by the way of Dobb's Ferry, into New York, with such 
representation as Captain Asgill shall please to make to Sir 
Guy Carleton. 

At the same time, I would wish you to intimate to the 
gentlemen, that though I am deeply affected with the un- 
happy fate to which Captain Asgill is subjected, yet that it 
will be to no purpose for them to make any representation 
to Sir Guy Carleton, which may serve to draw on a discus- 
sion of the present point of retaliation ; that in the stage to 
which the matter has been suffered to run, all argumentation 
on the subject is entirely precluded on my part; that my 
resolutions have been founded on so mature deliberation, 
that they must remain unalterably fixed. You may also 
inform the gentlemen, that while my duty calls me to make 
this decisive determination, humanity dictates a tear for the 
unfortunate offering, and inclines me to say that I most de- 
voutedly wish his life may be spared This happy event 



Jg LETTERS, AC. 

may be attained, but it must be effected by the British Com- 
mander-in-Cbief. He knows the alternative which will ac- 
complish it, and he knows that this alternative only, can 
avert the dire calamity from the innocent, and that in this 
way alone, the manes of the murdered Captain Huddy will 
be best appeased. 

In the meantime, while this is doing, I must beg that you 
will be pleased to treat Captain Asgill with every tender 
attention and politeness, (consistent with his present situa- 
tion,) which his rank, fortune and connections, together with 
his unfortunate state, demands. 

I am, &c, 

GEO. WASHINGTON. 



EXTRACT FROM A LETTER TO COL. ELIAS DAYTON, 2d NEW 
JERSEY, CHATHAM. 

Headquarters, June 11th, 1782. 
Sir: 

You will inform me as early as possible, what is the pres- 
ent situation of Captain Asgill, the prisoner destined for 
retaliation, and what prospect he has of relief from his ap- 
plication to Sir Guy Carleton, which I have been informed 
he has made, through his friend, Captain Ludlow. I have 
beard nothing yet from New York, in consequence of his 
application. His fate will be suspended, until I can be in- 
formed of the decision of Sir Guy, but I am impatient, lest 
this should be unreasonably delayed. The enemy ought to 



LETTERS, &C. 19 

have learnt, before this, that my resolutions are not to be 
trifled with. 

I am, &c, 

GEO. WASHINGTON. 

P. S. I am informed that Captain Asgill is at Chatham, 
without guard, and under no restraint. This, if true, is cer- 
tainly wrong. I wish to have the young gentleman treated 
with all the tenderness possible, consistent with his present 
situation. But, until his fate is determined, he must be con- 
sidered as a close prisoner, and be kept in the greatest secu- 
rity. I request, therefore, that he may be sent immediately 
to the Jersey line, where he is to be kept a close prisoner, 
in perfect security, till further orders. 



To Col. Dayton, Id. New Jersey, Chatham : 

Headquarters, 22d June, 1782. 
Sir: 

I have received your two letters, of the 17th and 18th, 
inst. The only object I had in view in ordering Captain 
Asgill to be confined to the huts, was the perfect security of 
the prisoner. This must be attended to. But I nm very 
willing, and indeed wish, every indulgence to be grafted 
him, that is not inconsistent with that 

When I ordered on an officer for the purpose of retalia- 
tion, I mentioned my willingness that he should make any 
application he thought proper to the British Commander-in- 
Chief, in whose power alone it lay to avert his destiny, but 
I, at the same time desired it to be announced that I should 



20 LETTERS, AC. 

receive do application, nor answer any letter on the subject, 
which did not inform that satisfaction was made for the death 
of Captain Huddy. I imagine yon was not informed of this 
eircamstance, or you would have prevented Major Gordon's 
application on the subject. 

I am. &c, 

GEO. WASHINGTON. 



POSTSCRIPT OF A LETTER TO COL. DAYTON, 2d. NEW JERSEY, 
MOBRISTOWN, DATED HEADQUARTERS, NEWBURGH, AUG. 
25, 17VJ. 

"P. S. You will have ( 'aptain Asgill on parole at Mor- 
ristown, until further orders." 



No. V. 

COPY OF A LETfER PROM CAPTAIN ASGILL, ADDRESSED TO 
HIS EXCELLENCY, GENERAL WASHINGTON, COMMANDER 
IX CHIEF. 

Col. Dayton's Quarters, Chatham, 
May 17th. 17S2. 
On the 30th day of last month, 1 had the honor of address- 
ing your Excellency in writing, stating the manner of my 
confinement, and the circumstances that induced me to claim 
your protection. Being ignorant of the fate of my letter, it 
would be very satisfactory to me, if your Excellency would 
lie pleased to inform me if it lias been received. In conse- 
quence of your orders, Col. Dayton was desirous of removing 
me to camp, but being ill with a fever, I prevailed on him 



LETTERS, &C. 21 

to let me remain at his quarters close confined, which indul- 
gence I hope will not be disapproved of. 

I cannot conclude this letter without expressing my grat- 
itude to your Excellency for ordering Col. Dayton to favour 
me as much as my situation would admit of, and in justice 
to him, I must acknowledge the feeling and attentive man- 
ner in which those commands were executed. 
I have the honor to be 

With great respect, 

Your Excellency's, 

Most obedient servant, 

CHARLES ASGILL, Lieut, 
and Capt. 1st Regt. Foot Guards. 



No. VI. 

COPY OF A LETTER ADDRESSED BY GENERAL WASHINGTON, 
TO CAPT. LUDLOW, 1st BATTALION, BRITISH GUARDS, NEW 
YORK. 

Headquarters, August 5, 1782. 
Sir: 

Persuaded that your desire to visit Capt. Asgill, at Chat- 
ham, is founded on motives of friendship and humanity only, 
I inclose you a passport for the gratification of it. 

The inclosed letters for that gentlemen, came to me from 
New York, in the condition you will receive them ; you will 
have an opportunity of presenting them with yourself. Your 
own letter came under cover to me, via Ostend. 
I have the honor to be, 

Sir, your most obedient servant, 

GEO. WASHINGTON. 



22 LETTERS, &C. 

PASSPORT. 

Captain Ludlow, of the British G.uards, has my permis- 
sion, (with his servant,) to pass the American post at Dobb's 
Ferrv, and proceed to Chatham. He has liberty also to re- 
turn to New York the same way. 

Given at Headquarters, the 5th of August, 1782. 

GEO. WASHINGTON. 

No. VII. 

COPY OF A LETTER ADDRESSED BY GENERAL WASHINGTON 
TO CAFF. CHARLES ASGILL, 1st BATTALLION BRITISH 
GUARDS, PRISONER, CHATHAM. 

Headquarters, 7th October, 1782. 
8 i r : 

I have to acknowledge your favour of the 27th of Sep- 
tember. 

The circumstances which produced, in the first instance, 
your unfortunate situation, having in some measure changed 
their ground, the whole matter has been laid before 
Congress for their directions. I am now waiting their 
decision. 

I <an assure you I shall be very happy, should circum- 
stances enable me to announce to you your liberation from 
your disagreable confinement. 

I am, &c, 

GEO. WASHINGTON. 



LETTEKS, &C. 23 

No. VIII. 

EXTRACTS FROM THE JOURNALS OF CONGRESS. 

Tuesday, October 15th, 1782. 
On motion of Mr. Witherspoon, seconded by Mr. Wright: 

Ordered. That the Committee to whom were referred 
the letter of the 19th of August, last, from the Commander- 
in-Chief, and the proceedings of the British court martial, on 
the trial of Lippencut, for the murder of Captain Joshua 
Huddy, report on Thursday next, and that the report be on 
that day taken into consideration. 

Thursday, October 17, 1782. 
According to order, the committee, consisting of Mr. Rut- 
ledge, Mr. Witherspoon, Mr. Duane, and Mr. Wright, to 
whom were referred the letter of the 19th of August, from 
the Commander-in-Chief, and the proceedings of the British 
court martial on the trial of Lippencut, for the murder of 
Captain Huddy ; delivered in their report, which was read, 
and Thursday next assigned for the further consideration 
of it. 

Thursday, November 7, 1782. 
On the report of the Committee, consisting of Mr. Rut- 
ledge, Mr. Osgood, Mr. Montgomery, Mr. Boudinot, and Mr. 
Duane, to whom were referred the letter of 19th of Au- 
gust, from the Commander-in-Chief, the report of a commit- 
tee thereon, and motions of Mr. Williamson and Mr. Rut- 
ledge relative thereto, and also another letter of the 25th 
of October, from the Commander-in-Chief, with a copy of a 



04 LETTERS, &0. 

letter to him from the Count de Vergennes, dated 29th of 
July, last, interceeding for Capt. Asgill. 

Resolved. That the Commander-in-Chief be, and he is, 
hereby directed to set Captain Asgill at liberty. 

No. IX. 

COPY OF A LETTER FROM GENERAL WASHINGTON TO CAPT. 
CHARLES ASGILL. 

Headquarters, 13th November, 1782. 
Sir : 

It affords me singular pleasure to have it in my power to 
transmit to you the inclosed copy of an act of Congress, of 
the 7th. instant, by which you are released from the disa- 
greable circumstances in which you have been so long. 
Supposing you would wish to go into New York as soon as 
possible, I also inclose a passport for that purpose. 

Your letter of the 18th of October, came regularly to my 
hands. I beg you to believe that my not answering it sooner 
did not proceed from inattention to you, or a want of feel- 
Lng for your situation. I daily expected a determination 
of your case, and I thought it better to await that, than to 
feed you with hopes that might in the end prove fruitless. 
Vmi will attribute my detention of the inclosed letters, 
which have been in my hands a fortnight, to the same cause. 

I cannot take leave of you, sir, without assuring you that, 
in whatever light my agency in this unpleasing affair may 
be viewed, I was never influenced, through the whole of it, 
by sanguinary motives ; but by what I conceived to be a sense 



LETTERS, &C. 25 

of my duty, which loudly called upon me to take measures, 
however disagreeable, to prevent a repetition of those enor- 
mities which have been the subject of discussion. And that 
this important end is likely to be answered without the effu- 
sion of the blood of an innocent person, is not a greater re- 
lief to you than it is to, Sir, 

Your most obedient, humble servant, 

GEO. WASHINGTON. 




pjmidix 



TO JAMES DUANE IN CONGRESS. 

Verplanck's Point, 30th Sejit., 1782. 
Dear Sir : 

I shall be obliged to you, or some friend in Congress, to 
inform me what has been, or is likely to be, done with res- 
pect to my reference of the case of Capt. Huddy. I cannot 
forbear complaining of the cruel situation, which I now am 
and oftentimes have been placed in, by the silence of Con- 
gress in matters of high importance, which the good of the 
service, and my official duty, have obliged me to call upon 
ihem, as the sovereign power of these United States, to 
decide. It is only in perplexing and intricate cases, that I 
have requested their orders, being always willing to bear 
my proportion of public embarrassments, and take a full 
share of responsibility. Conscious that I have treated that 
honorable body, and all their measures, with as much defer- 
ence and respect as any officer in the United States, I 
expected this aid. 

Why, then, if policy forbids a decision upon the difficult 
points I have referred, I am not to be informed of it, is 
Tseyond my conception, unless I were to ascribe it to causes, 
which I flatter myself do not exist. When I refer a matter 



28 APPENDIX. 

to Congress, every proceeding on my part is suspended,, 
until their pleasure is transmitted ; and for this it is well 
known I have waited with unexampled patience. But when 
no notice is taken of my application ; when measures, which 
I might otherwise adopt, are suspended ; when my own 
feelings are wounded, and others perhaps are suffering by 
the delay, how is it possible for me to forbear expressing 
my disquietude ? 

The particular cause of it at this time arises from two 
things. First, while I am totally silent to the public, 
waiting the decision of Congress on the case of Huddy, I 
see publications on this head (importing reflections) in one 
of the Pennsylvania papers, which no man could have made, 
that had not access to my official letter of the 19th of 
August to Congress ; and, secondly, because I feel exceed- 
ingly for Captain Asgill, who was designated by lot in 
retaliation for the death of Captain Huddy. While retalia- 
tion was apparently necessary, however disagreeable in 
itself, I had no repugnance to the measure. But, when the 
end proposed by it is answered by a disavowal of the act, 
by a disolution of the board of refugees, and by a promise 
(whether with or without meaning to comply with it, I shall 
not determine), that further inquisition should be made into 
the matter, I thought it incumbent upon me, before I pro- 
ceeded any farther in the matter, to have the sense of 
Congress, who had most explicitly approved, and impliedly 
indeed, ordered retaliation to take place. To this hour I 
am held in darkness. 

The letter of Asgill, a copy of which I enclose, and the 



29 



situation of his father, which I am made acquainted with by 
the British prints, work too powerfully upon my humanity 
not to wish, that Congress would chalk a line for me to walk 
by in this business. To effect this, is the cause of the 
trouble you now receive from, 
Dear Sir, 

Your most obedient and 

Most Humble Servant, 
G. WASHINGTON. 

LETTER FROM LADY ASGILL TO THE COUNT DE VERGENNES. 

Sir : 

If the politeness of the French Court will permit a 
stranger to address it, it cannot be doubted but that she, 
who unites in herself all the more delicate sensations, with 
which an individual can be penetrated, will be received 
favourably, by a nobleman, who reflects honour, not only on 
his nation, but on human nature. The object on which I 
implore your assistance, is too heart-rending to be dwelt 
upon. Most probably the public report of it has already 
reached you : this relieves me from the burden of so mourn- 
ful a duty. My son, my only son, dear to me as he is brave, 
amiable as he is beloved, only nineteen years of age — a 
prisoner of war, in consequence of the capitulation of York- 
town, is at present confined in America, as an object of 
reprisal. Shall the innocent suffer the fate of the guilty? 
Figure to yourself, sir, the situation of a family in these cir- 
cumstances, surrounded as I am with objects of distress, 
bowed down with fear and grief, words are wanting to 
express what I feel, and to paint such a scene of misery. 



30 APPENDIX. 

My husband, given over by his physicians before the- 
arrival of this news, not in a situation to be informed of it. 
My daughter, attacked by a fever, accompanied with deli- 
rium, speaking of her brother in tones of distress, and 
without an interval of reason, unless to listen to some 
circumstance which may console her heart. Let your sen- 
sibility, sir, paint to you my profound, my inexpressible 
misery, and plead in my favour. A word from you, like a 
voice from Heaven, would liberate us from desolation — from 
the last degree of misfortune. I know how far General 
Washington reveres your character. Tell him only, that 
you wish my son restored to liberty, and he will restore 
him to his desponding family, he will restore him to happi- 
ness. The virtue of my son, will justify this act of 
clemency. His honor, sir, led him to America; he was 
born to abundance, to independence, and to the happiest 
prospects. Permit me once more to entreat the interfer- 
ence of your high influence, in favour of innocence, and in 
the cause of justice and humanity. Despatch, sir, a letter 
from France to General Washington, and favor me with a 
copy of it, that it may be transmitted from hence. I feel 
the whole weight of the liberty taken in presenting this 
request ; but I feel confident, that whether granted or not r 
you will pity the distress, by which it is suggested ; your 
humanity will drop a tear upon my fault, and blot it out 
for ever. May that Heaven, which I implore, grant that 
you may never need the consolation which you have it in 
your power to bestow, on 

THERESA ASGILL. 



APPENDIX. 31 



COPY OF THE LETTER FROM THE COUNT DE VERGENNES TO 
GENERAL WASHINGTON, DATED JULY 29th, 1782. 

Versailles, 29 July', 1782. 
Sir: 

It is not in the quality of the Minister, of a King, the 
friend and ally of the United States (though with the 
knowledge of his Majesty), that I have now the honour to 
write to your Excellency. It is as a man of sensibility, and 
a tender father, who feels all the force of paternal love, that 
I take the liberty to address to your Excellency my earnest 
solicitations in favour of a mother and family in tears. Her 
situation seems the more worthy of notice on our part, as it 
is to a nation at war with her own, that she has recourse for 
which she ought to receive from the impartial justice of her 
own Generals. I have the honour to inclose your Excel- 
lency the copy of a letter which Lady Asgill has just wrote 
to me. I am not known to her, nor was I acquainted with 
her son, who was the unhappy victim destined by lot to 
expiate the odious crime, that a formal denial of justice 
obliged you to revenge. Your Excellency will not read the 
letter without being extremely affected, it had that effect on 
the King, and upon the Queen, to whom T communicated it. 
The goodness of their Majestys' hearts induced them to 
desire that the inquietudes of an , unfortunate mother may 
be calmed, and her tenderness re-assured. I feel, sir, that 
there are cases where humanity itself exacts the most 
extreme rigour ; perhaps the one in question may be of the 
number, but, allowing reprisals to be just, it is not less hard 



32 APPENDIX. 

on those who are the victims ; and the character of your 
Excellency is too well known for me not to he persuaded 
that you desire to do nothing more than to be able to avoid 
the disagreeable necessity. There is one consideration, sir, 
which, though it is not decisive, may have an influence on 
your resolution. Captain Asgill is, doubtless, your pris- 
oner, but he is among those whom the arms of the King 
contributed to put into your hands at Yorktown. Although 
this circumstance does not operate as a safeguard, it, how- 
ever, justifies the interest I permit myself to take in this 
affair. If it is in your power, sir, to consider and have 
regard to it, you will do that which will highly gratify their 
Majesties. The danger of young Asgill, the tears and 
despair of his mother, affect them sensibly, and they will 
see with pleasure the hope of consolation shine on these 
unfortunate people. In seeking to deliver Mr. Asgill from 
the fate which threatens him, I am far from engaging you 
to seek another victim — the pardon to be perfectly satis- 
factory, must be entire. I do not imagine that it can be 
productive of any bad consequences. If the British Gene- 
ral has not been able to punish the horrid crime you com- 
plain of, in so exemplary a way as he should, there is reason 
to think that he will take the most efficacious measures to 
prevent its repetition. I sincerely wish, sir, that my inter- 
cession may meet success, the sentiment that dictates it. and 
which you have not ceased to manifest on every occasion, 
assures me that you will not be indifferent to the prayers 
and to the tears of a family which has recourse to your 
clemency through me. It is rendering homage to your 



APPENDIX. 33 

virtue to implore it. I have the honour to he, with the 
most perfect consideration, sir, 

Yours, &c, 

DE VERGENNES. 

TO COUNT DE VERGENNES. 

Headquarters, Newburg, 21 Nov., 1782. 
Sir: 

After I had the honor of receiving your Excellency's 
letter of the 29th of July, I lost not a moment in transmit- 
ting it to Congress, who had then under deliberation the 
proceedings of ihe British court-martial upon Captain Lip- 
pencut, for the murder of Captain Huddy, and the other 
documents relating to that inhuman transaction. What 
would otherwise have been the determination of that hon- 
orable body, I will not undertake to say ; but I think I 
may venture to assure your Excellency that your generous 
interposition had no small degree of weight in procuring 
that decision in favor of Captain Asgill, which he had no 
right to expect from the very unsatisfactory measures which 
had been taken by the British Commander-in-Chief to atone 
for a crime of the blackest dye, not to be justified by the 
practices of war, and unknown at this day amongst civilized 
nations. I, however, flatter myself that our enemies have 
been brought to view this transaction in its true light, and 
that we shall not experience a repetition of the like enor- 
mity. 

Cap + ain Asgill has been released, and is at perfect liberty 
to return to the arms of an affectionate parent, whose pa- 



34 APPENDIX. 

thetic address to your excellency could not fail of interest- 
ing every feeling heart in her behalf. I have no right to 
assume any particular merit from the lenient manner in 
which this disagreeable affair has terminated. But I beg 
you to believe, sir, that I most sincerely rejoice, not only 
because your humane intentions are gratified, but because 
the event accords with the wishes of his most Christian 
Majesty, and his royal and amiable consort, who, by their 
benevolence and munificence, have endeared themselves to 
every true American. 

I have the honor to be, &c, 

G. WASHINGTON. 

FROM LADY ASGILL TO THE COUNT DE VERGENNES. 

"Exhausted by long suffering, overpowered by the excess 
of unexpected happiness, confined to my bed by weakness 
and languor, bent to the earth by what I have undergone, 
my sensibility alone could supply me with strength suffi- 
cient to address you. Condescend, sir, to accept this feeble 
effort of my gratitude It has been laid at the feet of the 
Almighty, and believe me, it has been presented with the 
same sincerity to you Sir, and to your illustrious Sovereigns. 
By their august and salutary intervention, as by your own, 
a son is restored to me, to whom my life was attached. 
Yes, sir, they will produce their effect before the dreadful 
and last tribunal, where I indulge the hope we shall both 
appear together, you to receive the recompense of your 
virtues, myself that of my sufferings. I will raise my voice 
before the imposing tribunals, I will call for those registers 



APPENDIX. 35 

in which your humanity will be found recorded, I will pray 
that blessings may be showered on your head; upon him, 
who, availing himself of the noblest privilege received from 
God — a privilege, no other than divine — has changed 
misery into happiness — has withdrawn the sword from the 
innocent head, and restored the most worthy of sons to the 
most tender and affectionate of mothers. Condescend, sir, 
to accept the just tribute of gratitude due to your virtuous 
sentiments. Preserve this tribute, and may it go down to 
posterity as a testimony of your sublime and exemplary 
beneficence to a stranger, whose nation was at war with your 
own, but whose tender affections had not been destroyed by 
war. May this tribute bear testimony of my gratitude, long 
after the hand that expresses it; the heart, which, at this 
moment, only vibrates with the vivacity of grateful senti- 
ments shall be reduced to dust, it shall bear out to offer 
you all the respect and all the gratitude with which it is 
penetrated. 

THERESA ASGILL." 
" To His Excellency the Count cle Vergennes." 




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